Checklist · Wills, Estates, Probate & Succession

Will instructions, capacity and undue influence checklist (NSW, with other state notes)

Checklist for taking will instructions in NSW: seeing the will-maker alone, testing capacity against Banks v Goodfellow, spotting undue influence and suspicious circumstances, mapping assets outside the estate, family provision risk and an execution plan.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales, Victoria, Queensland
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use for every will instruction, and especially for older, unwell or dependent clients, late-life changes, gifts to carers or new partners, and instructions brought by a beneficiary. It records the lawyer's own assessment; it does not replace a medical capacity assessment where one is needed.

How AI may be used

Lawyer-led. Instructions are taken from the will-maker personally and capacity is assessed by the lawyer (and a doctor where needed), not inferred by AI. AI may prepare a blank question agenda from background facts and transcribe an interview only with consent and in an approved tool.

AI may

  • Turn background facts into an open-question agenda and a blank note structure for the lawyer
  • Draft a family tree and asset list from documents the client provides, for the lawyer to confirm
  • Transcribe the instruction meeting in an approved tool, with the client's consent, for the lawyer to correct

AI must not

  • Must not answer the agenda questions or fill in the client's instructions
  • Must not assess or score capacity, undue influence or suspicious circumstances
  • Must not process medical records in a tool not approved for health information

The lawyer checks

  • The will-maker was seen alone and the instructions came from them
  • Each Banks v Goodfellow element tested and recorded in the will-maker's own words
  • Red flags escalated: medical assessment, second meeting, or declining to act

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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